Service connection granted for right shoulder and left shoulder disabilities. Service connection denied for bilateral plantar fasciitis, bilateral hearing loss, and tinnitus.,The Veteran's right shoulder disability is presumed to have been caused by injuries sustained during periods of ACDUTRA in the National Guard. The left shoulder disability is also presumed to be related to injuries sustained during a period of ACDUTRA in 2015. However, service connection for bilateral plantar fasciitis and tinnitus was denied as there was no evidence that these conditions were caused by or aggravated by military service.
The deciding factor: The VA examiner found the Veteran's right shoulder disability to be less likely than not caused by injuries sustained during periods of ACDUTRA in 1998, based on lack of objective medical evidence confirming diagnosis or treatment for this condition during military service. The left shoulder disability was also found to be less likely than not caused by an injury during a period of ACDUTRA in 2015.,For the bilateral hearing loss and tinnitus claims, the VA examiner opined that these conditions were less likely than not caused by or resulted from military service. The Veteran had normal audiograms at both enlistment and separation physicals, with no significant threshold shift between them.
- Claimed conditions
- Right Shoulder Disability, Left Shoulder Disability, Bilateral Plantar Fasciitis, Bilateral Hearing Loss, Tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2020
- Citation
- 20000782
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Partly granted
The Board granted a 70% rating for PTSD from November 25, 2015 to August 12, 2024 and a 40% rating for the right shoulder disability. It also granted 10% ratings for both feet and 20% ratings for knee patellofemoral pain syndromes.
- Denied
The Board denied the veteran's claims for a compensable rating for bilateral hearing loss, an initial rating in excess of 50 percent for PTSD, entitlement to TDIU, and SMC based on housebound status.
- Partly granted
The Board granted an effective date of May 17, 2019, for a 70 percent disability rating for PTSD but denied earlier effective dates for service connection for bilateral hearing loss and tinnitus.
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